Sick leave of test tube baby: is it paid during the sick leave?
IVF is a method of artificial pregnancy in the hospital through assisted reproductive technology, which enables infertile couples to realize their desire to have children. However, in the process of IVF, sometimes some health problems may occur, which requires sick leave for treatment and recuperation. So, is IVF baby entitled to wage treatment during sick leave? The following is a detailed description from four aspects: legal provisions, work contracts, hospital policies and insurance guarantees.
Legal provisions
According to China's labor law, it is protected by law for employees to enjoy wages during sick leave. According to the provisions of Article 48 of the Labor Contract Law, the employing unit shall pay the wages of the workers as agreed, and shall not default on payment of wages or pay less wages for no reason. As a worker, IVF is also entitled to wage treatment, including sick leave. Therefore, IVF should enjoy the corresponding wage treatment during sick leave and should not be deprived of this right.
In addition, the state has also made clear provisions on the wages of IVF babies during their sick leave. According to the Administrative Measures for Assisted Pregnancy Technology issued by the National Health Commission, IVF should enjoy the same salary during treatment as during normal work.
Work contract
As an employee of the company, IVF's work contract should clearly stipulate the provisions on sick leave. According to the provisions of the Labor Contract Law and the Administrative Measures for Assisted Pregnancy Technology, employers should provide paid sick leave for IVF babies, that is, IVF babies enjoy wage treatment during sick leave.
In addition, according to the provisions of the Contract Law, if a worker needs treatment due to illness, and the treatment period does not exceed the annual leave period agreed in the employee's contract, the employer shall continue to pay wages. Even if the sick leave period exceeds the annual leave period, the employer should also pay wages according to the contract or the provisions of enterprises and institutions. Therefore, no matter whether the sick leave period exceeds the annual leave period specified in the contract, IVF should enjoy wage treatment.
Hospital policy
The hospital where IVF is located has also made relevant regulations on the salary during sick leave. For example, XX hospital stipulates that IVF babies enjoy full salary during sick leave, that is, the same as during normal work. The introduction of this policy aims to protect the labor rights and interests of IVF babies and ensure that they can receive due financial support during their sick leave.
However, the policies of different hospitals may be different, and the specific policy of the hospital where IVF is located shall prevail. IVF babies should understand the hospital regulations so that they can enjoy the corresponding salary during the sick leave.
Insurance protection
The salary of IVF during sick leave may also be related to the insurance coverage purchased. Some IVF babies have purchased relevant insurance, including wage insurance and disease insurance, during their work. These insurances usually include salary compensation during sick leave, and IVF can obtain a certain proportion of salary treatment by virtue of the insurance contract.
However, not all IVF babies will buy relevant insurance, so the impact of insurance protection on wages is limited. IVF babies should carefully check the insurance contract when purchasing insurance to understand their rights and responsibilities, so as to get corresponding wage compensation when necessary.
summary
According to legal provisions, work contracts, hospital policies and insurance considerations, IVF should enjoy wage treatment during sick leave. China's labor law clearly stipulates the wage rights and interests of employees during sick leave, and the administrative measures for pregnancy technology also clearly stipulates that IVF babies should enjoy wage treatment during treatment. Work contracts and hospital policies should also protect the labor rights and interests of IVF, and insurance protection can be used as an additional economic support. IVF should abide by relevant regulations and safeguard their legitimate rights and interests.
